Probable cause affidavit: |
SUBMITTED BY: CORBIN, TERRY 0288 (AR12-278) (12-47007) THE DEFENDANT DID IN VIOLATION OF FLORIDA'S STATE STATUTE 837.05(1) PROVIDE FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER REGARDING THE ALLEGED COMMISSION OF A CRIME TO WIT: BATTERY BY STATING INITIALLY THAT HE WAS BATTERED BY ANOTHER SUBJECT IN THE RESIDENCE AND THEN LATER RECANTING THAT STATEMENT DURING A CONVERSATION WITH THE ALLEGED BATTERER. ON 031112 AT APPROXIMATELY 0345 HOURS, I WAS DISPATCHED TO 1690 EAST PACIFIC LANE IN INVERNESS IN REFERENCE TO AN ALLEGED BATTERY. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT, MR MARVIN (LEON) SPROUSE, AND HIS GIRLFRIEND, MS CHERYL HILL. BOTH SUBJECTS WERE EXTREMELY INTOXICATED, MR SPROUSE HAD TWO OLD BRUISES, ONE ON EACH CHEEK AND HE STATED TO ME THAT MS HILL WAS HITTING HIM. AFTER SEVERAL MINUTES, MR SPROUSE RECANTED THAT STATEMENT, STATING THAT SHE DID NOT HIT HIM AND THAT HE DID NOT WANT HER TO GO TO JAIL. MS HILL WAS VERY ARGUMENTATIVE DURING THE INVESTIGATION AND THE TWO VERBALLY ASSAULTED EACH OTHER DURING THE ENTIRE INVESTIGATION. AFTER DETERMINING THAT NO BATTERY HAD OCCURRED, DEPUTY/TRAINEE HINDERHOFER AND I CLEARED THE SCENE. APPROXIMATELY 15 MINUTES LATER WE WERE DISPATCHED AGAIN TO THAT RESIDENCE WITH THE ALLEGATION THAT MR SPROUSE, COMPLAINANT, HAD JUST BEEN BATTERED BY THE SON OF MS HILL, MR JESSE HILL. UPON OUR RETURN, MR SPROUSE WAS STANDING IN THE DRIVEWAY AND HE HAD A FRESH BRUISE ON HIS LEFT CHEEK AS WELL AS A SWELLING DIRECTLY ABOVE IT ON HIS LEFT TEMPLE. PHOTOGRAPHS WERE TAKEN, SEE CRIME SCENE TECHNICIAN REPORT. MR SPROUSE STATED TO ME THAT AFTER WE LEFT, HIS GIRLFRIEND, MS HILL, WOKE HER SON UP, HE EXITED HIS BEDROOM AND ATTACKED MR SPROUSE IN THE LIVING ROOM WHERE MR HILL KNOCKED HIM TO THE GROUND AND PUNCHED HIM REPEATEDLY IN HIS FACE. HE STATED âI WAS FIGHTING FOR MY LIFEâ. MR SPROUSE STATED THAT HE GOT OFF OF THE FLOOR, WENT OUTSIDE AND CALLED 911. HE SAID MR HILL WAS HIDING IN THE RESIDENCE AS MR HILL HAD A WARRANT. WE ENTERED THE RESIDENCE AND AFTER A BRIEF SEARCH, FOUND MR JESSE HILL HIDING IN HIS BEDROOM CLOSET. HE WAS THEN HANDCUFFED, SEATED IN A CHAIR IN THE KITCHEN AND THE WARRANT CONFIRMED THROUGH TELETYPE. I ADVISED MR HILL THAT I WAS INVESTIGATING THE ALLEGATION OF BATTERY UPON MR SPROUSE BY HIM. AS HE WAS SECURED IN REFERENCE TO THE WARRANT ARREST, I READ THE SUSPECT MIRANDA VIA PREPRINTED AGENCY CARD AND HE STATED THAT HE WOULD ANSWER ANY QUESTIONS. PRESENT IN THE ROOM WAS MR HILLâS MOTHER, MS CHERYL HILL, AND HIS GIRLFRIEND, MS ALICIA MCNEAL. WHILE WE WERE TALKING MR MARVIN SPROUSE ENTERED THE ROOM. MR HILL STATED THE FOLLOWING. HE AND ALICIA HAD BEEN SLEEPING AND MR SPROUSE OPENED MR HILLâS BEDROOM WINDOW FROM THE OUTSIDE AND PUT HIS HEAD IN. HE SAID MS HILL HAD LOCKED HIM OUT AND ASKED MR HILL TO UNLOCK THE DOOR. HE STATED THAT HE DID SO AND WENT BACK TO BED. APPROXIMATELY 30 MINUTES LATER, HIS MOTHER MS CHERYL HILL, CAME INTO THE BEDROOM FOLLOWED CLOSELY BY MR SPROUSE YELLING AND ARGUING. HE SAID MS HILL TOLD HIM THAT MR SPROUSE HAD CHOKED HER AND TRIED TO GET HER ARRESTED. HE SAID THE SHERIFFâS OFFICE HAD JUST LEFT AND SHE WAS VISIBLY ANGRY. HE STATED HE GOT OUT OF BED AND ASKED MR SPROUSE âWHAT THE FUCK ARE YOU DOING, WHY ARE YOU TRYING TO GET MY MOM ARRESTEDâ. HE SAID MR SPROUSE WAS ANGRY WITH HIM AND THE TWO BEGAN SHOVING EACH OTHER WHILE IN MR HILLâS BEDROOM. HE SAID DURING THE SHOVING, WHICH WAS MUTUAL, HE SHOVED MR SPROUSE OUT THE BEDROOM DOOR INTO THE HALLWAY AND THE TWO OF THEM FELL TO THE LIVING ROOM FLOOR WHERE MR SPROUSE HIT HIS HEAD ON THE FLOOR. THIS DEPUTY NOTED THAT THE FLOOR IS A VERY HARD LAMINATE. HE STATED THAT HE DID NOT HIT MR SPROUSE, BUT HE WAS DEFENDING HIMSELF AND HIS MOTHER AND HE WAS AWAKENED FROM HIS SLEEP. MR HILLâS GIRLFRIEND, ALICIA, VERIFIED THIS INFORMATION AND PROVIDED A WRITTEN STATEMENT. MR SPROUSE WAS STANDING IN THE KITCHEN AGAIN ARGUING WITH MR HILL AND DEPUTY HINDERHOFER IN MY PRESENCE. MR HILL THEN TURNED TO HIM AND STATED âI DIDNâT HIT YOU LEONâ. MR SPROUSE REPLIED âYEA BUT YOU WANTED TOâ. MR HILL THEN REPLIED âBUT I DIDNâT HIT YOUâ. MR SPROUSE AGAIN REPLIED âBUT YOU WANTED TOâ. AT THIS POINT DEPUTY HINDERHOFER, AT MY DIRECTION, REQUESTED A SECOND UNIT. MR SPROUSE WAS PLACED UNDER ARREST, HANDCUFFED, BEHIND HIS BACK, (DOUBLE LOCKED), ADVISED HIM THAT HE WAS BING CHARGED WITH FILING A FALSE REPORT TO LAW ENFORCEMENT. HE WAS THEN ESCORTED OUTSIDE OF THE RESIDENCE SECURED IN THE REAR OF DEPUTY BERRIOSâ PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. I ADVISED MR HILL THAT HE WAS NOT BEING CHARGED WITH BATTERY AT THIS TIME, BUT THAT THE CASE WOULD BE FORWARDED TO THE STATE'S ATTORNEY'S OFFICE FOR THEIR CONSIDERATION. UNLESS FURTHER INFORMATION ARISES, THIS DEPUTY DOES NOT SEE PROBABLE CAUSE FOR CHARGING MR HILL WITH ANYTHING OTHER THAN THE WARRANT. WHEN ASKED WHY HE WAS HIDING IN THE CLOSET, MR HILL STATED THAT HE KNEW HE HAD A WARRANT AND THAT HE DID NOT WANT TO GO TO JAIL BECAUSE OF IT. BOTH SUBJECTS WERE THEN TRANSPORTED SEPARATELY TO CITRUS COUNTY DETENTION FACILITY WHERE MR SPROUSE WAS CHARGED WITH FALSE POLICE REPORT TO LAW ENFORCEMENT. THE DEFENDANT'S BOND WAS SET AT $500.00, PER THE BOND SCHEDULE. |